Sajan @ Khalifa Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54526 of 2022 Arising Out of PS. Case No.-793 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

SAJAN @ KHALIFA RAI Son of Ramayan Rai Resident of Village - Shankar Saraiya Ahir Toli, P.S.- Turkauliya, District - East Champaran. 2.

Udeshi Yadav Son of Late Bhikhari Rai Resident of Village - Parsauna, P.S.- Turkauliya, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 1000 litre of spirit from the drums kept near Laxmipur Canal.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.54526 of 2022(2) dt.18-10-2022 2/2 was recovered from their conscious possession, it is also submitted that alleged recovery is from a place which is accessible to public at large and the petitioners came to be implicated based on secret information which is the easiest way to implicate an innocent person, when admittedly petitioners are persons with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya (Raghunathpur) P.S. Case No. 793 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T